HomeMy WebLinkAbout22 - Amendments to Allow the Transfer of Development Rights in the Coastal Zone (PA2019-154)Q �EwPpRT
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FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
November 29, 2022
Agenda Item No. 22
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Jaime Murillo, AICP, Principal Planner,
jmurillo@newportbeachca.gov
PHONE: 949-644-3209
TITLE: Ordinance No. 2022-28 and Resolution No. 2022-90: Amendments
to Allow the Transfer of Development Rights in the Coastal Zone
(PA2019-154)
ABSTRACT:
On October 8, 2019, the City Council authorized submittal of amendments to the City's
Local Coastal Program (LCP) to include policy and regulations pertaining to the transfer
of development rights. Specifically, the proposed amendments would: 1) include a policy
in the Coastal Land Use Plan (CLUP) allowing transfer of development rights; and
2) provide regulations within Title 21 (Local Coastal Program Implementation Plan) of the
Newport Beach Municipal Code (NBMC) to include the allowance and regulations of
transfer of development rights in the coastal zone.
On October 12, 2022, the California Coastal Commission (CCC) approved the Coastal Land
Use Plan and Title 21 amendments with suggested modifications. For the City Council's
consideration are a proposed resolution and ordinance to accept and incorporate the
CCC's suggested modifications into the Coastal Land Use Plan and Title 21.
RECOMMENDATION:
a) Conduct a public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 21065 of CEQA and State CEQA Guidelines Sections 15060
(c)(2), 15060 (c)(3), and 15378. The proposed action is also exempt pursuant to State
CEQA Guidelines Section 15061(b)(3) because it has no potential to have a
significant effect on the environment;
c) Adopt Resolution No. 2022-90, A Resolution of the City Council of the City of Newport
Beach, California, Adopting Local Coastal Program Amendment No. LC2019-003 as
Modified by the California Coastal Commission adding Policy No. 2.1.1-2 to the
Coastal Land Use Plan Related to the Transfer of Development Rights (PA2019-
154), and
22-1
Ordinance No. 2022-28 and Resolution No. 2022-90: Amendments to Allow
the Transfer of Development Rights in the Coastal Zone (PA2019-154)
November 29, 2022
Page 2
d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2022-28, An Ordinance of the City Council of the City of Newport Beach,
California, Adopting Local Coastal Program Amendment No. LC2019-003 as
Modified by the California Coastal Commission Amending Title 21 (Local Coastal
Program Implementation Plan) of the City of Newport Beach Municipal Code Related
to the Transfer of Development Rights (PA2019-154), and pass to second reading
on December 13, 2022.
DISCUSSION:
The Newport Beach General Plan (Land Use Element Policies LU4.3 and LU6.14.3) and
Newport Beach Municipal Code Section 20.46 (Transfer of Development Rights) provide
for the transfer of development rights from one site to another, subject to certain
parameters and City Council review. However, the 2017 certified LCP does not contain
any provisions for a potential transfer in the coastal zone and as a result, General Plan
policy allowing transfers in the coastal zone (Attachment C) cannot be implemented
without the proposed amendment.
At the October 8, 2019 City Council meeting, the City Council adopted Resolution
No. 2019-90 (Attachment D), authorizing submittal of LCP Amendment No. LC2019-003
to the CCC for review and approval. The resolution specified LCP Amendment
No. LC2019-003 shall not become effective until approval by the CCC and adoption,
including any modifications suggested by the CCC, by resolution(s) and/or ordinance(s) of
the City Council.
Coastal Commission Action
The CCC reviewed the LCP Amendment related to transfer of development rights at its
October 12, 2022 hearing. The CCC approved the amendments with the exception of
suggested modifications described below. The CCC approval letter, including suggested
modifications, is included as Attachment E.
The City Council must either accept or reject all these suggested modifications. If the City
Council rejects the suggested modifications, the LCP amendment would effectively
expire, the proposed regulations would not go into effect, and the transfer of development
rights would not be allowable within the coastal zone areas of the City. Should the City
Council want to partially accept the suggested modifications, the City would need to
process a new LCP amendment application and attempt to obtain CCC approval. Staff
recommends accepting all suggested modifications.
A summary of the suggested modifications is included below
• Suggested Modifications 1 and 2 (Statistical Area Limits) — Clarify that transfer of
development rights (TDR) may only occur within the same Statistical Area
(a Statistical Area is a pre -established geographical area within the General Plan
used to track density and development capacity). This limitation is consistent with
current General Plan and NBMC TDR regulations. Suggested modification also
requires that a TDR shall not result in adverse visual impacts.
22-2
Ordinance No. 2022-28 and Resolution No. 2022-90: Amendments to Allow
the Transfer of Development Rights in the Coastal Zone (PA2019-154)
November 29, 2022
Page 3
• Suggested Modification 3 (Prohibited TDRs) — To protect existing and future
visitor -serving land uses, the suggested modification establishes the following
three prohibitions for potential TDRs: 1) a TDR from a donor site outside the
coastal zone to a receiver site within the coastal zone (except for Statistical Area
L1- Newport Center); 2) a TDR from a donor site with a Visitor -Serving Commercial
(CV) coastal zoning district designation to a non -CV receiver site; and 3) a TDR
from a donor site with a CV coastal zoning district designation to a receiver site
outside the coastal zone.
• Suggested Modification 4 (Qualifying Public Benefits for TDR Eligibility) — The
proposed Title 21 TDR findings were intended to closely match existing General
Plan policies and NBMC Section 20.46. However, to ensure that TDRs further the
provisions of the LCP, the suggested modification requires that a TDR provides at
least one of the following eight specific public benefits. In summary, these benefits
include:
1. Providing open space, areas for habitat restoration, public views and
access, increased parking, or other visitor -serving amenities in addition to
what is already required by the LCP;
2. Preservation of natural resources, a historic building, or property with
special character -defining features;
3. Improvement of the area's scale and development character;
4. More efficient use of land to achieve greater visitor -serving use or better
architectural design;
5. Dedication or use of private parking lots for public use or access;
6. Preservation of marine -dependent uses and industries; and
7. Incentivization of planned retreat and dedication of open space as an
adaptive strategy for coastal hazard risks.
• Suggested Modification 5 (Site Suitability) — Requires that the suitability of the
receiver site take into account coastal hazard risks and that the TDR not result in
any significant adverse impacts to public access, public views, sensitive coastal
resources or sensitive coastal resources areas.
• Suggested Modification 6 (City Traffic Engineer Clarification) — Clarifies that the
traffic engineer referenced in the procedures requiring a traffic analysis for a TDR
is the City traffic engineer.
The recommended actions accept and incorporate all the CCC suggested modifications
into the LCP Amendments. A redline strikeout version of the proposed code revisions is
included as Attachment F.
22-3
Ordinance No. 2022-28 and Resolution No. 2022-90: Amendments to Allow
the Transfer of Development Rights in the Coastal Zone (PA2019-154)
November 29, 2022
Page 4
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
The action proposed herein is not a project subject to the California Environmental Quality
Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines
Sections 15060 (c)(2), 15060 (c)(3), and 15378. The proposed action is also exempt from
the CEQA pursuant to State CEQA Guidelines Section 15061(b)(3), the general rule that
CEQA applies only to projects which have the potential for causing a significant effect on
the environment. Lastly, pursuant to CEQA Guidelines Section 15265(a)(1), local
governments are exempt from the requirements of CEQA in connection with the adoption
of a Local Coastal Program. The Amendment itself does not authorize development that
would directly result in physical change to the environment.
NOTICING:
Pursuant to Section 13515 of the California Code of Regulations, a review draft of the
LCP Amendment was made available and a Notice of Availability was distributed on
August 8, 2019, to all persons and agencies on the Notice of Availability mailing list.
Notice of this amendment was published in the Daily Pilot as an eighth -page
advertisement, consistent with the provisions of the NBMC. The item also appeared on
the agenda for this meeting, which was posted at City Hall and on the City website.
ATTACHMENTS:
Attachment A — Resolution No. 2022-90 (Coastal Land Use Plan Amendment)
Attachment B — Ordinance No. 2022-28 (LCP Implementation Plan Amendment)
Attachment C — Coastal Zone Map
Attachment D — Resolution No. 2019-90
Attachment E — Coastal Commission Approval Letter and Suggested Modifications
Attachment F — Underline/Strikeout Version of Amendments
22-4
Attachment A
Resolution No. 2022-90 (CLUP Amendment)
22-5
RESOLUTION NO. 2022- 90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING LOCAL
COASTAL PROGRAM AMENDMENT NO. LC2019-003 AS
MODIFIED BY THE CALIFORNIA COASTAL COMMISSION
ADDING POLICY NO. 2.1.1-2 TO THE COASTAL LAND USE
PLAN RELATED TO THE TRANSFER OF DEVELOPMENT
RIGHTS (PA2019-154)
WHEREAS, Section 30500 of the California Public Resources Code requires
each county and city to prepare a local coastal program ("LCP") for that portion of the
coastal zone within its jurisdiction;
WHEREAS, in 2005, the City of Newport Beach ("City") adopted the Local Coastal
Program Coastal Land Use Plan ("Coastal Land Use Plan"), which has been amended
from time to time;
WHEREAS, the California Coastal Commission ("Coastal Commission")
effectively certified the City's LCP on January 13, 2017, and the City assumed coastal
development permit -issuing authority on January 30, 2017;
WHEREAS, amendments to Title 21 (Local Coastal Program Implementation
Plan) ("Title 21 ") and the Coastal Land Use Plan are necessary to allow for the transfer
of development rights consistent with General Plan Land Use Element Policies Nos. LU
4.3 and 6.14.3, and Chapter 20.46 (Transfer of Development Rights) of the Newport
Beach Municipal Code ("NBMC");
WHEREAS, the Planning Commission held a public hearing on August 22, 2019, in
the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the public hearing was given in accordance with the
California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter
21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to,
and considered by, the Planning Commission at this public hearing;
WHEREAS, at the conclusion of the hearing, the Planning Commission adopted
Resolution No. PC2019-026 by a unanimous vote (7 ayes, 0 nays), recommending
approval of Local Coastal Program Amendment No. LC2019-003 to the City Council;
WHEREAS, pursuant to Title 14 of the California Code of Regulations Section
13515 ("Section 13515"), drafts of Local Coastal Program Amendment No. LC2019-003
were made available and distributed at least six weeks prior to the final action date;
22-6
Resolution No. 2022-
Page 2 of 4
WHEREAS, the City Council held a public hearing on October 8, 2019, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice
of time, place and purpose of the public hearing was given in accordance with the Ralph
M. Brown Act, Section 13515, and Chapter 21.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the City Council at
this public hearing;
WHEREAS, at the conclusion of the hearing, the City Council adopted Resolution
No. 2019-090 authorizing submittal of Local Coastal Program Amendment No. LC2019-
003 to the Coastal Commission by a unanimous vote (7 ayes, 0 nays);
WHEREAS, at its October 12, 2022, hearing, the Coastal Commission approved
and certified Local Coastal Program Amendment No. LC2019-003 with modifications (LCP-
5- NPB-21-0036-1 Part D) as being consistent with the California Coastal Act; and
WHEREAS, the City Council held a public hearing on November 29, 2022, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice
of time, place and purpose of the public hearing was given in accordance with the Ralph M.
Brown Act and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was
presented to, and considered by, the City Council at this public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows..
Section 1: The City Council hereby adopts Local Coastal Program Amendment
No. LC2019-003 and accepts the suggested modifications approved by the California
Coastal Commission.
Section 2: Chapter 2.0 (Land Use and Development) of the Coastal Land Use
Plan shall be amended to add Policy No. 2.1.1-2 to read as follows, with all other provisions
of the Coastal Land Use Plan remaining unchanged:
2.1.1-2 Permit the transfer of development rights from a property to one or
more other properties within the same Statistical Area when the transfer does not
result in adverse visual or traffic impacts, results in development that is compatible
with surrounding development, and is implemented in a manner consistent with
the LCP and applicable policies from Chapter 3 of the Coastal Act.
22-7
Resolution No. 2022-
Page 3 of 4
Section 3: The LCP, including Local Coastal Program Amendment No. LC2019-
003, will be carried out fully in conformity with the California Coastal Act.
Section 4: The City Council hereby authorizes City staff to submit this resolution
for a determination by the Executive Director of the Coastal Commission that this action
is legally adequate to satisfy the specific requirements of the Coastal Commission's
October 12, 2022, action on LCP Amendment Request No. LCP-5-NPB-21-0036-1 Part
D (Transfer of Development Rights).
Section 5: This resolution shall not become until the Executive Director of the
Coastal Commission certifies that this resolution complies with the Coastal Commission's
October 12, 2022, action on LCP Amendment Request No. LCP-5- NPB-21-0036-1 Part
D (Transfer of Development Rights).
Section 6: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 7: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
22-8
Resolution No. 2022-
Page 4 of 4
Section 8: The action proposed herein is not a project subject to the California
Environmental Quality Act ("CEQA") in accordance with Section 21065 of the California
Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the
California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). The
proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the
general rule that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. Lastly, pursuant to CEQA Guidelines Section
15265(a)(1), local governments are exempt from the requirements of CEQA in connection
with the adoption of a Local Coastal Program. The Local Coastal Program Amendment
No. LC2019-003 itself does not authorize development that would directly result in
physical change to the environment.
Section 9: This resolution shall take effect as provided in Section 5 of this
resolution, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 29th day of November, 2022.
Kevin Muldoon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
22-9
Attachment 6
Ordinance No. 2022-28 (LCP Implementation Plan Amendment)
22-10
ORDINANCE NO. 2022-28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING LOCAL
COASTAL PROGRAM AMENDMENT NO. LC2019-003 AS
MODIFIED BY THE CALIFORNIA COASTAL COMMISSION
AMENDING TITLE 21 (LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN) OF THE CITY OF NEWPORT
BEACH MUNICIPAL CODE RELATED TO THE TRANSFER
OF DEVELOPMENT RIGHTS (PA2019-154)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in
the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers, and privileges or procedures granted or prescribed by any
law of the State of California;
WHEREAS, Section 30500 of the California Public Resources Code requires
each county and city to prepare a local coastal program ("LCP") for that portion of the
coastal zone within its jurisdiction;
WHEREAS, in 2005, the City adopted the City of Newport Beach Local Coastal
Program Coastal Land Use Plan ("Coastal Land Use Plan"), which has been amended
from time to time;
WHEREAS, the California Coastal Commission ("Coastal Commission")
effectively certified the City's Local Coastal Program Implementation Plan on January
13, 2017, and the City assumed coastal development permit -issuing authority on
January 30, 2017;
WHEREAS, amendments to Title 21 (Local Coastal Program Implementation
Plan) ("Title 21 ") and the Coastal Land Use Plan are necessary to allow for the transfer
of development rights consistent with General Plan Land Use Element Policies Nos. LU
4.3 and 6.14.3 and Chapter 20.46 (Transfer of Development Rights) of the Newport
Beach Municipal Code ("NBMC");
22-11
Ordinance No. 2022-
Page 2 of 8
WHEREAS, the Planning Commission held a public hearing on August 22, 2019,
in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the public hearing was given in accordance with the
California Government Code Section 54950 et seq. the ("Ralph M. Brown Act") and
Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this public hearing;
WHEREAS, at the conclusion of the hearing , the Planning Commission adopted
Resolution No. PC2019-026 by a unanimous vote (7 ayes, 0 nays), recommending
approval of Local Coastal Program Amendment No. LC2019-003 to the City Council;
WHEREAS, pursuant to Title 14 of the California Code of Regulations Section
13515 ("Section 13515"), drafts of Local Coastal Program Amendment No. LC2019-003
were made available and distributed at least six weeks prior to final action;
WHEREAS, the City Council held a public hearing on October 8, 2019, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice
of time, place and purpose of the public hearing was given in accordance with the Ralph
M. Brown Act, Section 13515, and Chapter 21.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the City Council
at this public hearing;
WHEREAS, at the conclusion of the hearing, the City Council adopted
Resolution No. 2019-090 authorizing submittal of Local Coastal Program Amendment
No. LC2019-003 to the Coastal Commission by a unanimous vote (7 ayes, 0 nays);
WHEREAS, at its October 12, 2022, hearing, the Coastal Commission approved
and certified Local Coastal Program Amendment No. LC2019-003 with modifications
(LCP-5-NPB-21-0036-1 Part D) as being consistent with the California Coastal Act; and
WHEREAS, the City Council held a public hearing on November 29, 2022, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice
of time, place and purpose of the public hearing was given in accordance with the Ralph
M. Brown Act and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral,
was presented to, and considered by, the City Council at this public hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows..
22-12
Ordinance No. 2022-
Page 3 of 8
Section 1: The City Council hereby adopts Local Coastal Program
Amendment No. LC2019-003 and accepts the suggested modifications approved by the
Coastal Commission.
Section 2: Chapter 21.46 (Transfer of Development Rights) is added to Title
21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code
to read as follows:
Chapter 21.46
TRANSFER OF DEVELOPMENT RIGHTS
Sections:
21.46.010
Purpose.
21.46.020
Applicability.
21.46.030
General Requirements.
21.46.040
Procedures.
21.46.050
Findings.
21.46.010 Purpose.
This chapter provides procedures for the transfer of development rights from a property
to one or more other properties within the same Statistical Area.
21.46.020 Applicability.
The provisions of this chapter shall apply within all coastal zoning districts.
21.46.030 General Requirements.
A. Floor Area for a Donor Site. The maximum gross floor area allowed on a donor site
shall be reduced by the amount of the transfer of development intensity to the receiving
site.
B. Residential Uses. When the transfer of development rights involve residential units,
the transfer shall be on a unit -for -unit basis.
22-13
Ordinance No. 2022-
Page 4 of 8
C. Prohibited Areas. Except for Statistical Area L1-Newport Center, the transfer of
development rights from a donor site outside the coastal zone to a receiver site within
the coastal zone is prohibited. The transfer of development rights from a site with a
Visitor Serving Commercial (CV) coastal zoning district designation to a non -CV coastal
zoning district shall be prohibited. The transfer of development rights from a site with a
CV coastal zoning district designation to any area outside of the coastal zone is
prohibited.
21.46.040 Procedures.
The following procedure shall be used for the transfer of development rights:
A. Application. The applicant shall submit a Coastal Development Permit application
to the Department that identifies the quantity of development (e.g., residential units,
floor area, hotel rooms, theater seats, etc.) to be relocated and the donor and receiving
site(s). If the requested transfer includes the conversion of nonresidential uses, the
application shall also identify the quantity of entitlement, by use category, before and
after the transfer. The Coastal Development Permit shall be processed in accordance
with Chapters 21.50 and 21.52.
B. Traffic Analysis. The City Traffic Engineer shall perform a traffic analysis to
determine the total number of p.m. peak hour trips that would be generated by
development allowed with and without the transfer. Trip generation rates shall be based
on standard trip generation values in the current version of the Institute of Traffic
Engineers "Trip Generation," unless the City Traffic Engineer determines that other
rates are more valid for the uses involved in the transfer.
C. Detailed Traffic Analysis. Depending on the location of the donor and receiving
site(s), the City Traffic Engineer may determine that a more detailed traffic analysis is
required to determine whether adverse traffic impacts will result from the transfer. This
analysis shall demonstrate whether allowed development, with and without the transfer,
would either cause or make worse an unsatisfactory level of service at any primary
intersections for which there is no feasible mitigation.
D. Land Use Intensity Analysis. If the transfer request involves the conversion of uses,
the Director shall perform a land use intensity analysis to determine the floor area that
could be developed with and without the transfer.
22-14
Ordinance No. 2022-
Page 5 of 8
E. Council to Consider. Applications for transfer of development rights shall be
considered by the Commission with a recommendation to the Council. The Council may
approve a transfer of development rights only if it makes all of the findings in Section
21.46.050.
F. Legal Assurances. A covenant or other legally binding agreement approved by the
City Attorney shall be recorded against the donor site assuring that all of the
requirements of the transfer of development rights will be met by the current and future
property owners.
21.46.050 Findings.
When approving a coastal development permit authorizing a transfer of development
rights within Newport Center (Map A-15), the Council shall only make findings set forth
in (B) and (E) below. In all other areas, the Council shall make all of the following
findings:
A. The reduced density/intensity on the donor site provides benefits to the public, in
furtherance of the provisions of the LCP, in one of the following ways.-
1 . The provision of extraordinary open space, area(s) for new or expanded
habitat restoration, public view corridor(s), public coastal access, increase
parking, or other visitor -serving amenities, in addition to what is already required
by the LCP;
2. Preservation of natural resources, a historic building, or a property with
special character -defining features that contribute to the visual qualities and
special community character of areas such as Balboa Village or McFadden
Square, that, because of their unique characteristics are popular visitor -serving
areas;
3. Improvement of the area's scale and development character;
4. Reduction of local vehicle trips and traffic congestion;
5. More efficient use of land, such as consolidation of lots to achieve a greater
visitor -serving use, or a better architectural design than could be achieved
without lot consolidation;
22-15
Ordinance No. 2022-
Page 6 of 8
6. Dedication or use of existing or proposed private parking lots for public
use/access to the coast;
7. Preservation of marine -dependent uses and industries such as shipyards
and boat storage facilities; and
8. Incentivization of planned retreat and dedication of open space as an
adaptive strategy for coastal hazard risks, such as sea level rise.
B. The transfer of development rights will not result in any adverse traffic impacts and
would not result in greater intensity than development allowed without the transfer, and
the proposed uses and physical improvements would not lend themselves to conversion
to higher traffic generating uses;
C. The increased development potential transferred to the receiving site will be
compatible and in scale with surrounding development and will not create abrupt
changes in scale or character;
D. The receiving site is physically suitable for the development proposed taking into
consideration adjacent circulation patterns, protection of significant public views and
open space, and site characteristics, including coastal hazard risks, any slopes,
submerged areas, and sensitive resources; and
E. The transfer of development rights decision is consistent with the Coastal Land
Use Plan and does not result in any significant adverse impacts to public access, public
views, sensitive coastal resources, or "Sensitive Coastal Resource Areas."
Section 3: Area Map A-15 - Newport Center is added to Section 21.80.010
(Area Maps) of Title 21 (Local Coastal Program Implementation Plan) of the Newport
Beach Municipal Code, which is attached hereto and incorporated herein by reference
as Exhibit "A."
Section 4: The LCP, including Local Coastal Program Amendment No.
LC2019-003, will be carried out fully in conformity with the California Coastal Act.
Section 5: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive part of this ordinance.
22-16
Ordinance No. 2022-
Page 7 of 8
Section 6: The City Council hereby authorizes City staff to submit this
ordinance for a determination by the Executive Director of the Coastal Commission that
this action is legally adequate to satisfy the specific requirements of the Coastal
Commission's October 12, 2022, action on LCP Amendment Request No. LCP-5-NPB-
21-0036-1 Part D (Transfer of Development Rights).
Section 7: This ordinance shall not become effective for thirty days after
adoption and until the Executive Director of the Coastal Commission certifies that this
ordinance complies with the Coastal Commission's October 12, 2022, action on LCP
Amendment Request No. LCP-5-NPB-21-0036-1 Part D (Transfer of Development
Rights).
Section 8: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 9: The City Council finds this action is exempt from environmental
review under the California Environmental Quality Act ("CEQA") pursuant to Section
21065 of the California Public Resources Code and Sections 15060 (c)(2), 15060 (c)(3),
and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA
Guidelines"). This action is also exempt under CEQA Guidelines Section 15061(b)(3),
which states that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. Lastly, pursuant to CEQA Guidelines Section
15265(a)(1), local governments are exempt from the requirements of CEQA in
connection with the adoption of a Local Coastal Program. Local Coastal Program
Amendment No. LC2019-003 itself does not authorize development that would directly
result in physical change to the environment.
Section 10: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
22-17
Ordinance No. 2022-
Page 8 of 8
Section 11: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414 and the same shall become final and
effective as provided in Section 7 of this ordinance.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 29th day of November, 2022, and adopted on the 13th
day of December, 2022, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
KEVIN MULDOON, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
RON C. HARP, CITY ATTORNEY
Exhibit A: Area Map A-15 — Newport Center
22-18
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22-19
Attachment C
Coastal Zone Map
22-20
100
Legend
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-- Local Coastal Plan Boundary
---- City Boundary
Coastal Zone Area
Coastal Zone
City of Newport Beach, California
Newport Coast Se
_ mot A Part)
�MC
Coastal_Zone_Featured_Areas.mA November/2008
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22-21
Attachment D
Resolution No. 2019-90
22-22
RESOLUTION NO. 2019-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AUTHORIZING
SUBMITTAL OF LOCAL COASTAL PROGRAM
AMENDMENT NO. LC2019-003 TO THE CALIFORNIA
COASTAL COMMISSION TO AMEND TITLE 21 (LOCAL
COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE
CITY OF NEWPORT BEACH MUNICIPAL CODE AND THE
CITY OF NEWPORT BEACH LOCAL COASTAL PROGRAM
COASTAL LAND USE PLAN REGULATING THE
TRANSFER OF DEVELOPMENT RIGHTS (PA2019-154)
WHEREAS, Section 30500 of the California Public Resources Code requires each
county and city to prepare a local coastal program ("LCP") for that portion of the coastal
zone within its jurisdiction;
WHEREAS, in 2005 the City adopted the City of Newport Beach Local Coastal
Program Coastal Land Use Plan ("Local Coastal Program") as amended from time to time
including most recently on January 22, 2019, via Resolution No. 2019-8;
WHEREAS, the California Coastal Commission effectively certified the City of
Newport Beach's ("City") Local Coastal Implementation Plan on January 13, 2017, and
the City added Title 21 (Local Coastal Program Implementation Plan) ("Title 21") to the
City of Newport Beach Municipal Code ("NBMC") whereby the City assumed coastal
development permit -issuing authority on January 30, 2017;
WHEREAS, an amendment to Title 21 and the City of Newport Beach Local
Coastal Program is necessary to allow for the transfer of development rights consistent
with General Plan Land Use Element Policies LU 4.3 and 6.14.3 and implementing
regulations of Chapter 20.46 of Title 20 ("Zoning Code") of the NBMC;
WHEREAS, authorizing the amendment to Title 21 (Local Coastal Program
Implementation Plan) of the NBMC and the City of Newport Beach Local Coastal Program
regulating the transfer of development rights in the coastal zone ("LCP Amendments")
may further the policies in the Local Coastal Program and provide benefits and incentives
to coastal resource protection including:
The preservation of historic buildings or buildings with special character -defining
features that contribute to the visual qualities of the villages in the coastal zone,
such as in Balboa Village or McFadden Square, which are popular visitor
destination points,
22-23
Resolution No. 2019-90
Page 2 of 4
The provision for and/or protection of public view corridors and public access,
Incentivizing the dedication or use of private parking lots for public use and access
to the coast,
The preservation of marine -dependent uses and industries such as shipyards and
boat storage facilities, and
Incentivizing planned retreat and dedication of open space as an adaptive strategy
for future coastal hazards such as sea level rise;
WHEREAS, a public hearing was held by the Planning Commission on August 22,
2019, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the public hearing was given in
accordance with the California Government Code Section 54950 et seq. the ("Ralph M.
Brown Act") and Chapter 21.62 of the NBMC. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this public hearing;
WHEREAS, on August 22, 2019, the Planning Commission adopted Resolution
No. PC2019-026 by a unanimous vote (7 ayes, 0 nays), recommending approval of Local
Coastal Program Amendment No. LC2019-003 to the City Council;
WHEREAS, a public hearing was held by the City Council on October 8, 2019, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice
of time, place and purpose of the public hearing was given in accordance with the
California Government Code Section 54950 et seq. the ("Ralph M. Brown Act") and
Chapter 21.62 of the NBMC. Evidence, both written and oral, was presented to, and
considered by, the City Council at this public hearing; and
WHEREAS, pursuant to Section 13515 of the California Code of Regulations Title
14, Division 5.5, Chapter 8, Subchapter 2, Article 5 ("Public Participation"), drafts of the LCP
Amendments were made available and a Notice of Availability was distributed on August 8,
2019 at least six (6) weeks prior to the City Council public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby authorize City staff to submit Local
Coastal Program Amendment No. LC2019-003, adding Chapter 21.46 (Transfer of
Development Rights) to Title 21 (Local Coastal Program Implementation Plan) of the
Newport Beach Municipal Code and amending the City of Newport Beach Local Coastal
Program Coastal Land Use Plan, as attached in Exhibit A, and incorporated herein by
reference, to the California Coastal Commission for review and approval.
22-24
Resolution No. 2019-90
Page 3 of 4
Section 2: Local Coastal Program Amendment No. LC2019-003 shall not become
effective until approved and adopted by the California Coastal Commission, including any
modifications suggested by the California Coastal Commission, by resolution(s) and/or
ordinance(s) of the City Council of the City of Newport Beach.
Section 3: The Local Coastal Program including the proposed amendment will be
carried out in full conformity with the California Coastal Act codified in Public Resources
Code Section 30000 et seq.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative partof this resolution.
Section 5: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 6: The action proposed herein is not a project subject to the California
Environmental Quality Act ("CEQA") in accordance with Section 21065 of the California
Public Resources Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the
California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). The
proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the
general rule that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. Lastly, pursuant to CEQA Guidelines Section
15265(a)(1), local governments are exempt from the requirements of CEQA in connection
with the adoption of a Local Coastal Program. The Amendment itself does not authorize
development that would directly result in physical change to the environment.
22-25
Resolution No. 2019-90
Page 4 of 4
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 8th day of October, 2019.
DIANE B. DIXON
Mayor
ATTEST:
L� .u./_ GIIW
Leilani I.. ..
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
(Z�-
aron . Harp
City ney
Attachment: Exhibit A - Proposed Amendment to the City of Newport Beach
Local Coastal Program Related to Transfer of Development Rights
(LC2019-003)
22-26
EXHIBIT "A"
Proposed Amendment to the City of Newport Beach Local Coastal Program
Related to Transfer of Development Rights (LC2019-003)
Section 1: Amending Chapter 2.0 (Land Use and Development) of the Coastal Land
Use Plan to add Policy 2.1.1-2 as follows, with all other provisions of the Coastal Land Use
Plan remaining unchanged:
2.1.1-2 Permit the transfer of development rights from a property to one or more
other properties when the transfer does not result in adverse traffic impacts, results in
development that is compatible with surrounding development, and is implemented in
a manner consistent with the LCP and applicable policies from Chapter 3 of the
Coastal Act.
Section 2: Amending Title 21 (Local Coastal Program Implementation Plan) of the
Newport Beach Municipal Code to include the addition of Chapter 21.46 (Transfer of
Development Rights) as follows:
Chapter 21.46
TRANSFER OF DEVELOPMENT RIGHTS
Sections:
21.46.010
Purpose.
21.46.020
Applicability.
21.46.030
General Requirements.
21.46.040
Procedures.
21.46.050
Findings.
21.46.010 Purpose.
This chapter provides procedures for the transfer of development rights from a property
to one or more other properties.
21.46.020 Applicability.
The provisions of this chapter shall apply within all coastal zoning districts.
22-27
21.46.030 General Requirements.
A. Floor Area for a Donor Site. The maximum gross floor area allowed on a donor site
shall be reduced by the amount of the transfer of development intensity to the receiving
site.
B. Residential Uses. When the transfer of development rights involve residential units,
the transfer shall be on a unit -for -unit basis.
21.46.040 Procedures.
The following procedure shall be used for the transfer of development rights:
A. Application. The applicant shall submit a Coastal Development Permit application to
the Department that identifies the quantity of development (e.g., residential units, floor
area, hotel rooms, theater seats, etc.) to be relocated and the donor and receiving site(s).
If the requested transfer includes the conversion of nonresidential uses, the application
shall also identify the quantity of entitlement, by use category, before and after the
transfer. The Coastal Development Permit shall be processed in accordance with
Chapters 21.50 and 21.52.
B. Traffic Analysis. The Traffic Engineer shall perform a traffic analysis to determine the
total number of p.m. peak hour trips that would be generated by development allowed
with and without the transfer. Trip generation rates shall be based on standard trip
generation values in the current version of the Institute of Traffic Engineers "Trip
Generation," unless the Traffic Engineer determines that other rates are more valid for
the uses involved in the transfer.
C. Detailed Traffic Analysis. Depending on the location of the donor and receiving
site(s), the Traffic Engineer may determine that a more detailed traffic analysis is required
to determine whether adverse traffic impacts will result from the transfer. This analysis
shall demonstrate whether allowed development, with and without the transfer, would
either cause or make worse an unsatisfactory level of service at any primary intersections
for which there is no feasible mitigation.
D. Land Use Intensity Analysis. If the transfer request involves the conversion of uses,
the Director shall perform a land use intensity analysis to determine the floor area that
could be developed with and without the transfer.
E. Council to Consider. Applications for transfer of development rights shall be
considered by the Commission with a recommendation to the Council. The Council may
approve a transfer of development rights only if it makes the findings set forth in Section
21.46.050.
22-2s
F. Legal Assurances. A covenant or other legally binding agreement approved by the
City Attorney shall be recorded against the donor site assuring that all of the requirements
of the transfer of development rights will be met by the current and future property owners.
21.46.050 Findings.
When approving a coastal development permit authorizing a transfer of development
rights in Newport Center, the Council shall only make findings set forth in (B) and (E)
below. In all other areas, the Council shall make all of the following findings:
A. The reduced density/intensity on the donor site provides benefits to the City, for
example:
1. The provision of extraordinary open space, public view corridor(s), increased
parking, or other amenities;
2. Preservation of a historic building or property, or natural resources;
3. Improvement of the area's scale and development character;
4. Reduction of local vehicle trips and traffic congestion; and
5. More efficient use of land.
B. The transfer of development rights will not result in any adverse traffic impacts and
would not result in greater intensity than development allowed without the transfer, and
the proposed uses and physical improvements would not lend themselves to conversion
to higher traffic generating uses;
C. The increased development potential transferred to the receiving site will be
compatible and in scale with surrounding development and will not create abrupt changes
in scale or character;
D. The receiving site is physically suitable for the development proposed taking into
consideration adjacent circulation patterns, protection of significant public views and open
space, and site characteristics, including any slopes, submerged areas, and sensitive
resources; and
E. The transfer of development rights decision is consistent with the Coastal Land Use
Plan and does not negatively impact public access, public views, or sensitive coastal
resources.
22-29
Section 3: Amending Section 21.80.010 (Area Maps) of Title 21 (Local Coastal
Program Implementation Plan) of the Newport Beach Municipal Code to include Area
Map A-15 — Newport Center as follows:
22-30
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22-31
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2019-90, was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 81h day of October, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Diane Dixon, Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 91h day of October, 2019.
4)aa-( &k- -
Leilani I. Brown
City Clerk
Newport Beach, California
22-32
Attachment E
Coastal Commission Approval Letter and Suggested Modifications
22-33
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY
GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT OFFICE
301 E. OCEAN BLVD., SUITE 300
LONG BEACH, CA 90802
(562)590-5071
Jaime Murillo, Principal Planner
Community Development Department
City of Newport Beach
100 Civic Center Drive
Newport Beach CA 92660
October 17, 2022
Re: City of Newport Beach LCP Amendment Request No. LCP-5-NPB-21-0036-1 Part D
(Transfer of Development Rights)
Dear Mr. Murillo:
You are hereby notified that the California Coastal Commission, at its October 12, 2022
meeting, approved City of Newport Beach Local Coastal Program (LCP) Major
Amendment No. LCP-5-NPB-21-0036-1 Part D with suggested modifications. The
major amendment is to both the Land Use Plan (LUP) and the Implementing Plan (IP)
portions of the certified LCP to add Policy 2.1.1-2 to Chapter 2 of the LUP to allow for
the Transfer of Development Rights (TDR) from a property to one or more other
properties and add Chapter 21.46.010 (Transfer of Development Rights) to the I
incorporating procedures for a TDR program.
The LCP amendment will be fully effective once:
1. The City of Newport Beach City Council adopts the Commission's suggested
modifications,
2. The City of Newport Beach City Council forwards the adopted suggested
modifications to the Commission by Resolution, and,
3. The Executive Director certifies that the City has complied with the Commission's
October 13, 2021 action.
The Coastal Act requires that the City's adoption of the suggested modifications be
completed within six (6) months of the Commission's action. Pursuant to the
Commission's action on October 12, 2022, certification of LCP Amendment No. LCP-5-
NPB-21-0036-1 Part D is subject to the attached Suggested Modifications (Attachment
"A"). Thank you for your cooperation and we look forward to working with you and your
staff in the future. If you have any questions regarding the modifications required for
effective certification of this LCP amendment, please contact Liliana Roman at our Long
Beach office (562) 590-5071.
Sincerely,
Zach Rehm,
South Coast District Supervisor
Page 1 of 5
Sri
22-34
Attachment "A"
Suggested
Modifications
22-35
New text added by suggested modification is shown bold and underlined, and text
suggested to be deleted is shown in strikethrough.
Suggested Modification #1 — Modify the proposed new LUP Policy 2.1.1-2 as follows:
2.1.1-2 Permit the transfer of development rights from a property to one or
more other properties within the same Statistical Area when the transfer
does not result in adverse visual or traffic impacts, results in development
that is compatible with surrounding development, and is implemented in a
manner consistent with the LCP and applicable policies from Chapter 3 of
the Coastal Act.
Suggested Modification #2 — Modify proposed new IP Section 21.46.010
(Purpose) as follows:
This chapter provides procedures for the transfer of development
rights from a property to one or more other properties within the same
Statistical Area.
Suggested Modification #3 — Modify proposed new IP Section 21.46.030
(General Requirements) to add a section addressing a proposed transfer request
involving the transfer of development rights/development intensity from a non-
residential use to residential use.
A. Floor Area for a Donor Site. The maximum gross floor area allowed
on a donor site shallbe reduced by the amount of the transfer of
development intensity to the receiving site.
B. Residential Uses. When the transfer of development rights involve
residential units, the transfer shall be on a unit -for -unit basis.
C. Prohibited Areas. Except for Statistical Area L1 — Newport
Center, the transfer of development rights from a donor site
outside the Coastal Zone to a receiver site within the Coastal
Zone is prohibited. The transfer of development rights from a site
with a Visitor Serving Commercial (CV) coastal zoning district
designation to a non -CV coastal zoning district shall be
prohibited. The transfer of development rights from a site with a
CV coastal zoning district designation to any area outside of the
coastal zone is prohibited.
Suggested Modification #4 — Modify proposed new IP Section 21.46.050
regarding required findings for approval.
22-36
21.46.050 Findings.
When approving a coastal development permit authorizing a transfer of development
rights within Newport Center (Map A-15), the Council shall only make findings set forth
in (B) and (E) below. In all other areas, the Council shall make all of the following
findings:
A. The reduced density/intensity on the donor site provides benefits to the
C+ty-public, in furtherance of the provisions of the LCP,_for example
in one of the following ways:
1. The provision of extraordinary open space, area(s) for
new or expanded habitat restoration, public view corridor(s),
public coastal access, increased parking, or other visitor -
serving amenities, in addition to what is already required
by the LCP;
2. Preservation of natural resources,_a historic building, or
a property with special character -defining features that
contribute to the visual qualities and special community
character of areas such as Balboa Village or McFadden
Square, that, because of their unique characteristics are
popular visitor serving areas; or natural roS^„FGes;
3. Improvement of the area's scale and development character;
4. Reduction of local vehicle trips and traffic congestion; and
5. More efficient use of land, such as consolidation of lots
to achieve a greater visitor -serving use, or a better
architectural design than could be achieved without lot
consolidation;
6. Dedication or use of existing or proposed private
parking lots for public use/access to the coast;
7. Preservation of marine -dependent uses and
industries such as shipyards and boat storage facilities;
and
8. Incentivization of planned retreat and dedication of
open space as an adaptive strategy for coastal hazard
risks, such as sea level rise.
22-37
Suggested Modification #5 — Modify proposed new IP Section 21.46.050(D)
and (E) regarding required findings for approval.
D. The receiving site is physically suitable for the development proposed
taking into consideration adjacent circulation patterns, protection of
significant public views and open space, and site characteristics,
including coastal hazard risks, -any slopes, submerged areas, and
sensitive resources; and
E. The transfer of development rights decision is consistent with the
Coastal Land Use Plan and does not del result in any
significant adverse impacts to public access, public views, sensitive
coastal resources— or "Sensitive Coastal Resource Areas."
Suggested Modification #6 — Modify new Section 21.46.040(B) and (C) as
follows:
B. Traffic Analysis. The City Traffic Engineer shall perform a traffic analysis
to determine the total number of p.m. peak hour trips that would be
generated by development allowed with and without the transfer. Trip
generation rates shall be based on standard trip generation values in the
current version of the Institute of Traffic Engineers "Trip Generation,"
unless the City Traffic Engineer determines that other rates are more
valid for the uses involved in the transfer.
C. Detailed Traffic Analysis. Depending on the location of the donor and
receiving site(s), the City Traffic Engineer may determine that a more
detailed traffic analysis is required to determine whether adverse traffic
impacts will result from the transfer. This analysis shall demonstrate
whether allowed development, with and without the transfer, would either
cause or make worse an unsatisfactory level of service at any primary
intersections for which there is no feasible mitigation.
22-38
Attachment F
Underline/Strikeout Version of Amendments
22-39
Proposed Amendment to the City of Newport Beach Local Coastal Program
Related to Transfer of Development Rights (LC2019-003) Incorporating
California Coastal Commissions Suggested Modifications (LCP-5-NPB-21-0036-1
Part D
Section 1: Chapter 2.0 (Land Use and Development) of the Coastal Land Use Plan to
shall be amended to add Policy 2.1.1-2 as follows, with all other provisions of the Coastal
Land Use Plan remaining unchanged:
2.1.1-2 Permit the transfer of development rights from a property to one or more
other properties within the same Statistical Area when the transfer does not result in
adverse visual or traffic impacts, results in development that is compatible with
surrounding development, and is implemented in a manner consistent with the LCP
and applicable policies from Chapter 3 of the Coastal Act.
Section 2: Title 21 (Local Coastal Program Implementation Plan) of the Newport
Beach Municipal Code shall be amended to include the addition of Chapter 21.46
(Transfer of Development Rights) as follows:
Chapter 21.46
TRANSFER OF DEVELOPMENT RIGHTS
Sections:
21.46.010
Purpose.
21.46.020
Applicability.
21.46.030
General Requirements.
21.46.040
Procedures.
21.46.050
Findings.
21.46.010 Purpose.
This chapter provides procedures for the transfer of development rights from a property
to one or more other properties within the same Statistical Area.
21.46.020 Applicability.
The provisions of this chapter shall apply within all coastal zoning districts.
22-40
21.46.030 General Requirements.
A. Floor Area for a Donor Site. The maximum gross floor area allowed on a donor site
shall be reduced by the amount of the transfer of development intensity to the receiving
site.
B. Residential Uses. When the transfer of development rights involve residential units,
the transfer shall be on a unit -for -unit basis.
C. Prohibited Areas. Except for Statistical Area L1-Newport Center, the transfer of
development rights from a donor site outside the Coastal Zone to a receiver site within
the Coastal Zone is prohibited. The transfer of development rights from a site with a Visitor
Serving Commercial (CV) coastal zoning district designation to a non -CV coastal zoning
district shall be prohibited. The transfer of development rights from a site with a CV coastal
zoning district designation to any area outside of the coastal zone is prohibited.
21.46.040 Procedures.
The followina procedure shall be used for the transfer of development riahts:
A. Application. The applicant shall submit a Coastal Development Permit application to
the Department that identifies the quantity of development (e.g., residential units, floor
area, hotel rooms, theater seats, etc.) to be relocated and the donor and receiving site(s).
If the requested transfer includes the conversion of nonresidential uses, the application
shall also identify the quantity of entitlement, by use category, before and after the
transfer. The Coastal Development Permit shall be processed in accordance with
Chapters 21.50 and 21.52.
B. Traffic Analysis. The City Traffic Engineer shall perform a traffic analysis to determine
the total number of p.m. peak hour trips that would be generated by development allowed
with and without the transfer. Trip generation rates shall be based on standard trip
generation values in the current version of the Institute of Traffic Engineers "Trip
Generation," unless the City Traffic Engineer determines that other rates are more valid
for the uses involved in the transfer.
C. Detailed Traffic Analysis. Depending on the location of the donor and receiving
site(s), the Traffic Engineer may determine that a more detailed traffic analysis
22-41
required to determine whether adverse traffic impacts will result from the transfer. This
analysis shall demonstrate whether allowed development, with and without the transfer,
would either cause or make worse an unsatisfactory level of service at any primary
intersections for which there is no feasible mitiaation.
D. Land Use Intensity Analysis. If the transfer request involves the conversion of uses,
the Director shall perform a land use intensity analysis to determine the floor area that
could be developed with and without the transfer.
E. Council to Consider. Applications for transfer of development rights shall be
considered by the Commission with a recommendation to the Council. The Council may
approve a transfer of development rights only if it makes all of the findings in Section
21.46.050.
F. Legal Assurances. A covenant or other legal) big agreement approved by the
City Attorney shall be recorded against the donor site assuring that all of the requirements
of the transfer of development riahts will be met by the current and future property owners.
21.46.050 Findings.
When approving a coastal development permit authorizing a transfer of development
rights in Newport Center (Map A-15), the Council shall only make findings set forth in
(B) and (E) below. In all other areas. the Council shall make all of the followina findinas:
A. The reduced density/intensity on the donor site provides benefits to the G+fy-ublic
in furtherance of the provisions of the LCP. eF exapap e. in one of the following ways.
1. The provision of extraordinary open space, area for new or expanded habitat
restoration, public view corridor(s), public coastal access, increase' parking, or
other visitor -se rvin amenities in addition to what is already required by the LCP:
2. Preservation of natural resources, a historic building or a property with special
character -defining features that contribute to the visual qualities and special
community character of areas such as Balboa Village or McFadden Square, that,
because of their unique characteristics are popular visitor serving areas oaf
3. Improvement of the area's scale and development character;
4. Reduction of local vehicle trips and traffic congestion;
22-42
5. More efficient use of land such as consolidation of lots to achieve a reater
visitor -serving use, or a better architectural design than could be achieved without
lot consolidation:
6. Dedication or use of existing or proposed private parking lots for public
use/access to the coast:
7. Preservation of marine -dependent uses and industries such as shipyards and
boat storage facilities: and
8. Incentivization of planned retreat and dedication of open space as an adaptive
strategy for coastal hazard risks, such as sea level rise.
B. The transfer of development rights will not result in any adverse traffic impacts and
would not result in greater intensity than development allowed without the transfer, and
the proposed uses and physical improvements would not lend themselves to conversion
to higher traffic generating uses;
C. The increased development potential transferred to the receiving site will be
compatible and in scale with surrounding development and will not create abrupt changes
in scale or character:
D. The receiving site is physically suitable for the development proposed taking into
consideration adjacent circulation patterns, protection of significant public views and open
space, and site characteristics, including coastal hazard risks, any slopes, submerged
areas, and sensitive resources: and
E. The transfer of development rights decision is consistent with the Coastal Land Use
Plan and does not neely result in any significant adverse impacts to public access,
public views,_ sensitive coastal resources, or "Sensitive Coastal Resource Areas.",
Section 3: Section 21.80.010 (Area Maps) of Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code shall be amended to include
Area Map A-15 — Newport Center as follows:
22-43
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